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Weed is not fully legal in Argentina, and the answer to whether marijuana is legal in Argentina has two parts. Possession is still a crime under Law 23.737, but a 2009 Supreme Court ruling means courts can refuse to punish small amounts kept privately for personal use.
Medical cannabis is legal, and registered patients can grow their own under the REPROCANN programme. This guide explains Argentina’s cannabis laws, home growing, penalties, CBD and the position for tourists.
Is weed legal in Argentina for recreational use?
Recreational weed is not legal in Argentina. There are no shops, no legal sales and no adult-use market. Possessing cannabis remains an offence under Article 14 of Law 23.737, the national narcotics law passed in 1989.
What changed things was the Supreme Court’s Arriola decision of August 2009. The court held that punishing possession for personal use is unconstitutional when it happens in conditions that create no concrete danger or harm to others. The ruling protects private conduct that does not affect anyone else.
Arriola did not decriminalise cannabis. The law was never repealed, and judges apply the ruling case by case. Smoking in public, carrying larger amounts, or anything that suggests supply can still lead to prosecution.
Can you grow weed in Argentina?
Only if you are registered with REPROCANN, the national registry for medical cannabis growing. Resolution 1780 of 2025 from the health ministry sets the current rules, replacing the previous version.
Registered self-growers can cultivate between one and nine flowering plants per patient, in up to 6 square metres indoors or 15 square metres outdoors, at a single site. Authorisation lasts three years. Registered patients may carry up to 40 grams of dried flower, or up to six 30 ml bottles of oil.
Growing without that registration is an offence. Law 23.737 punishes cultivation for personal use more lightly than growing for sale, but it is still a crime.
What are the penalties under Argentina weed laws?
Penalties under Argentina weed laws are set out in Law 23.737 and depend heavily on purpose. Simple possession carries one to six years in prison. Where the small amount and other circumstances show clearly that the cannabis was for personal use, the range drops to one month to two years.
Growing for personal use falls in that same lower range. Growing or dealing for profit carries four to fifteen years. Judges can also replace punishment with treatment or educational measures for personal-use cases.
In practice, Arriola gives private personal use a strong constitutional defence. It is not automatic, and each case turns on its facts.
Penalties at a glance
| Conduct | Governing law | General outcome |
|---|---|---|
| Possession, general | Law 23.737, Art. 14 | One to six years in prison |
| Possession clearly for personal use | Law 23.737, Art. 14; Arriola (2009) | One month to two years, or no punishment where private and harmless |
| Growing for personal use without REPROCANN | Law 23.737, Art. 5 | One month to two years, with treatment or education possible |
| Growing or dealing for sale | Law 23.737, Art. 5 | Four to fifteen years in prison |
| Growing within REPROCANN limits | Law 27.350; Resolution 1780/2025 | Lawful for registered patients |
Is medical marijuana legal in Argentina?
Yes. Medical marijuana has been legal in Argentina since Law 27.350 of 2017, which created the framework for medical and scientific use. Patients can register with REPROCANN to grow at home, or use a registered third-party grower or non-profit that cultivates for them.
A second law, Law 27.669 of 2022, set up a regulated medical cannabis and industrial hemp industry overseen by a regulator called ARICCAME. The government tried to dissolve ARICCAME in 2025, but Congress rejected the decree and the agency kept operating.
REPROCANN rules were rewritten in 2025 and may change again. Check the current requirements before relying on any figure.
Is CBD legal in Argentina?
CBD is legal in Argentina only in products authorised by the national medicines regulator, ANMAT. A 2022 resolution created a regulatory category for cannabinoid products.
Unauthorised CBD products are a different matter. ANMAT has banned specific unauthorised CBD products from sale nationwide. A CBD product bought online or at a market, without authorisation, sits outside the law.
Can you smoke weed in Argentina as a tourist?
You should not rely on it. Arriola protects private, harmless personal use, but it is a defence a court applies after the fact, not a permit. The UK Foreign Office warns that possession of even very small quantities can lead to a lengthy prison sentence.
REPROCANN is unlikely to help a visitor either. Registration runs through the government’s Mi Argentina platform using a DNI, Argentina’s national identity document. No official source confirms that foreign tourists can register.
Smoking in public, buying from a dealer or carrying larger amounts all weaken any personal-use defence. Selling or supplying cannabis is never protected.
The bottom line on cannabis in Argentina
Weed is not legal in Argentina, but the 2009 Arriola ruling means small amounts kept privately for personal use may not be punished. Medical cannabis is legal, and registered patients can grow up to nine flowering plants through REPROCANN. CBD is legal only in authorised products.
For tourists, the safest approach is to avoid cannabis, because the personal-use protection is decided case by case and REPROCANN registration requires an Argentine identity document.
Last reviewed: October 1, 2026. Cannabis laws change frequently, always verify current rules with official sources before you travel.
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